OUR AGREEMENT WITH YOU – RETAIL CUSTOMERS
Any agreement between you and HCT Turf LLP (company number OC388620) of The Old Stable, Newcourt Barton, Clyst Road, Topsham, Exeter, EX3 0DB (“HCT Turf”) is made on these Conditions to the exclusion of all other Conditions. By placing your order you confirm that you agree to these Conditions.
1.1 “Cancellation and Return Policy” means the Policy set out in clause 7.
1.2 “Carrier” means a third party engaged by HCT Turf to deliver the Goods.
1.3 “Goods” means the items you order from us as detailed on the Order (including Turf) or any alternative items supplied to you.
1.4 “Order” means your offer to purchase Goods from HCT Turf.
1.5 “Turf” means turf. It should be borne in mind that Turf is a growing and therefore a changing product.
1.6 “Website” means www.wesellturf.com
2. PLACING AN ORDER
2.1 You may place an Order for Goods by telephone or email. You will need to provide the following details:
2.1.1 Name, address and contact telephone number for the invoice
2.1.2 Address for the delivery if different
2.1.3 Date on which you require delivery subject to availability which HCT Turf will advise you of.
2.1.4 Delivery instructions and other details which HCT Turf may request, eg other contact telephone numbers
2.1.5 Email address if you request communication by email
2.2 After placing the Order, you may request an e-mail confirming the details of the Goods ordered. No such email will be sent unless you request one.
2.3 No agreement exists between you and HCT Turf until you have placed an order.
2.4 HCT Turf will record your agreement to these Conditions, but will not file a copy of the concluded contract. You can use the “Print” facility of your browser to print a copy of these Terms for your own reference.
2.5 Any specifications, formulations, data, literature and statements as to seed content, seed weight, seed ratios, grass ratios, seed and grass species, suitability, performance or otherwise, issued and descriptions and samples given by us in connection with Goods are offered in good faith but are intended to be approximate only and shall not constitute representations nor shall they become warranties or conditions of the contract.
3.1 Quotations for the price of Turf and topsoil are provided based on postcode and quantity, or collection price and quantity. The price will be confirmed before you place your Order and in the event of a discrepancy between the two prices, the price on the quotation shall prevail.
3.2 The price is inclusive or exclusive of delivery service as stated in the Order.
3.3 HCT Turf reserves the right to increase prices of any item from time to time. However, where the price of Goods and/or delivery charges changes between Order and delivery, the price and/or charge will be as recorded on the Order.
3.4 Unless otherwise stated, the price is exclusive of any VAT payable in the United Kingdom.
4.1 The amount payable by you shall be the total price of the Goods and the applicable delivery charges as set out at clause 3.2. Where an “Acknowledgement of Order” e-mail is sent out as described in clause 2.2, it will confirm the price paid by you.
4.2 Payment can be made by credit or debit card on the date when HCT Turf accepts the order.
5. AVAILABILITY AND DELIVERY
Where an Order is accepted for Goods your Order will be processed and clauses 5.1 to 5.5 shall apply:
5.1 HCT Turf will deliver the Goods on the delivery date agreed in accordance with clause 2.1.3 to the agreed delivery address. In some circumstances we will deliver the Goods by Carrier.
5.2.1 Deliveries of Turf are made on pallets or unloaded manually. We will use all reasonable endeavours to place the goods as close to your property as is deemed safe by ourselves or the Carrier.
5.2.2 Topsoil is delivered loose and is tipped. Loose loads can only be tipped at the nearest accessible point, at the discretion of our very experienced drivers. Unfortunately, we cannot tip over walls. Please check the suitability of access to the tipping point before requesting a loose load delivery, including width and surface material of driveways, turning points, position of manhole covers, etc
5.3 You must provide sufficient and safe access to the point of unloading. HCT Turf is able to deliver Turf and topsoil if you are not present, but in these circumstances we can accept no liability for any deterioration in or theft of any of the items delivered. Neither can we accept responsibility for the consequences of the positioning of the pallets by the Carrier. It is preferable that you are available at the delivery address to accept delivery.
5.4 Goods cannot be delivered to any address outside of the UK mainland.
5.5 HCT Turf reserves the right to refund your payment in the event that the Goods ordered by you are unavailable.
6.1 If HCT Turf does not deliver Turf or topsoil within 24 hours of the agreed delivery date, unless non-delivery is due to your failure to comply with the provisions of clause 5.3, you should contact HCT Turf using the details available at www.wesellturf.com/contact/ . You will then be given the option of:
6.1.1 cancelling your Order. HCT Turf will then refund the price you paid in accordance with the Cancellation and Return Policy; or
6.1.2 arranging a revised delivery date, in which case clauses 5.1 to 5.5 shall apply to the revised delivery date.
6.2 HCT Turf shall not be liable for any non-delivery of Goods unless notice is given to HCT Turf within 10 working days starting from the agreed delivery date. Such notice should be to the postal or e-mail address or telephone number set out at www.wesellturf.com/contact/ .
6.3 If for any reason (other than exercising your rights set out in the Cancellation and Return Policy to return the Goods) you will not accept delivery of the Goods or HCT Turf is unable to deliver the Goods on time because you have not provided appropriate instructions, including but not limited to providing the correct delivery address on the Order or because you have failed to comply with clause 5.3, HCT Turf may store the Goods until delivery whereupon you will be liable for all related costs and expenses.
6.4 In respect of Turf, if you will not accept delivery of the Turf for any reason (other than under clause 7.5), or HCT Turf is unable to deliver the Turf because you have not provided appropriate instructions, including but not limited to providing the correct delivery address, or because you have failed to comply with clause 5.3, HCT Turf may store the Turf in accordance with clause 6.3. However, due to the perishable nature of Turf, it may not be possible for HCT Turf to store the Turf, and in the event that it is not possible to store and redeliver the Turf, HCT Turf will not be able to refund any sums paid by you in respect of the Turf.
6.5 Where Goods cannot be delivered because of the circumstances detailed in clause 6.3 or 6.4 and you ask for the Goods to be re-delivered HCT Turf reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2. In respect of Turf, HCT Turf reserves the right to charge for replacement Turf in addition to the sums already paid by you in respect of the original Turf.
7. CANCELLATION AND RETURN POLICY
This clause 7 sets out HCT Turf’s Cancellation and Return Policy. It sets out your rights to cancel your Order and return the Goods.
7.1 You may cancel or amend your Order at any point after you place your Order and before delivery by telephone or email, using the contact details at www.wesellturf.com/contact/ if it is reasonably practicable for us to do so. In good faith we will do what we can to accept your amendment to your Order.
7.2 Once you have notified us and we have agreed that you are cancelling or amending your Order before delivery, we will repay any sums paid by you for the Goods as soon as possible and in any event within fourteen days of receiving your notice of cancellation or amendment.
PLEASE NOTE THAT THE RIGHT TO CANCEL YOUR ORDER UNDER CLAUSE 7.1 DOES NOT APPLY TO TURF ONCE HARVESTED IN FULFILMENT OF YOUR ORDER AS IT IS PERISHABLE AND LIKELY TO DETERIORATE RAPIDLY.
7.3 All Goods must be inspected by you on delivery to your premises or to your delivery address and any alleged shortage or defect which should be apparent on inspection must be reported to us in writing within 48 hours. Defects not apparent on inspection must be notified in writing to us within 3 days. This clause in no way limits clause 7.4.
7.4 Due to its changing nature, any apparent shortage or defect in relation to Turf should be reported immediately upon inspection.
7.5 If HCT Turf has not supplied the correct Goods, you should contact HCT Turf using the details set out in clause 7.1 within 48 hours of discovering the error. If you agree to return the Goods at HCT Turf’s expense, you may ask HCT Turf to send you replacement Goods, or to repay any sums paid by you for the Goods within fourteen days
7.6 Turf is highly perishable and, if not laid promptly in accordance with the instructions given to you by HCT Turf may deteriorate rapidly. Where the Turf is not rolled out immediately in spring/summer and within 24 hours in autumn/winter (or such other timescale as is advised by HCT Turf), HCT Turf will not accept responsibility for such deterioration, and will not accept a return of the Turf due to such deterioration. It is therefore your responsibility to ensure that you are able to lay the Turf before agreeing a delivery date.
7.7 You should also be aware that the ongoing condition of Turf will be dependent on factors beyond HCT Turf’s control including (without limitation) weather conditions or unintended blown or animal/bird carried seed, and will also depend on your care of the Turf after delivery. While HCT Turf shall be liable for any failure of the Turf to comply with these Conditions or your statutory rights, you will not be able to return the Turf because of any defects arising after delivery, whether due to your failure to care for the Turf in the manner advised by HCT Turf or due to external factors.
8. RISK AND PROPERTY
8.1 Risk of damage to, or loss of, the Goods shall pass to you upon delivery of the Goods.
8.2 Ownership of the Goods shall not pass to you until HCT Turf has received in full (in cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to HCT Turf from you on any Order.
9.1 HCT Turf will not be responsible for any losses suffered by you which were:
9.1.1 not foreseeable to HCT Turf and you when you placed your Order; or
9.1.2 not caused by any breach on the part of HCT Turf.
9.2 Nothing in these Conditions excludes or limits the liability of HCT Turf for fraudulent misrepresentation or death or personal injury caused by the negligence of HCT Turf or its employees.
9.3 In circumstances where Goods have been used (or were intended for use) for purposes related to your trade, business or profession and you are not acting as a consumer, the following limitations of liability shall apply:-
9.3.1 HCT Turf will not be responsible for any consequential loss or damage including (without limitation) loss of profit, loss of business, loss of contracts, loss of opportunity, loss or depletion of goodwill, costs or expenses (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) that might arise.
9.3.2 Subject to clauses 9.3.1, 9.1 and 9.2, HCT Turf’s maximum total liability to you in respect of all losses (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) shall not exceed the total sums paid by you to HCT Turf under this Agreement in respect of the relevant Goods.
PLEASE NOTE THAT HCT TURF ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR IF THE TURF IS NOT ROLLED OUT IMMEDIATELY IN SPRING/SUMMER AND WITHIN 24 HOURS IN AUTUMN/WINTER
9.5 HCT Turf cannot be held responsible for any failure to deliver the Goods due to anything that is beyond its reasonable control including but not limited to fires, explosions, severe weather, industrial disputes (of its own or other employees), insurrection, riots, embargoes, raw material shortages, delays in transportation, requirements or regulations of any civil or military authority, war (whether declared or not), civil unrest and terrorist action. HCT Turf shall have no liability towards you for any loss or damage that you may suffer as a result of circumstances beyond HCT Turf’s reasonable control.
10.1 Failure or delay by HCT Turf in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under them.
10.2 Any waiver by HCT Turf of, or any default under, any provision of these Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
10.3 HCT Turf reserves the right to defer the date of performance or cancel any agreement under these Conditions without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond HCT Turf’s reasonable control provided that if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give written notice to HCT Turf to cancel such agreement and obtain a refund of any sums paid.
10.4 Any notice required to be given to HCT Turf shall be in writing and sent by post or by e-mail to the contact details available at www.wesellturf.com/contact/ unless otherwise notified. Any notice required to be given to you by HCT Turf shall be in writing and sent by post or email to the addresses that you provided when ordering the Goods, unless otherwise notified.
10.5 You agree with HCT Turf that any agreement made under these Conditions is between you and HCT Turf only and it is not intended to be enforceable by any other person who is not a party to it.
10.6 These Conditions shall be governed by English law. You submit and HCT Turf submits to the non-exclusive jurisdiction of the English Courts.
10.8 You may contact us by telephone, post or e-mail via the contact details available at www.wesellturf.com/contact/ .
10.10 You acknowledge that HCT Turf may change these Conditions from time to time. The terms which apply to your purchase of the Goods will be the Conditions which were in force on the date you placed your order.